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HomeMy WebLinkAboutPK07-017 - Original - Child Care Resources - Child Care Scholarship - 01/01/2007 Records Ma...Pa"A*!�'eme t q� KENT Document W49HIn GTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: Child Care Resources Vendor Number: JD Edwards Number Contract Number: PK07-017 This is assigned by City Clerk's Office Description: Child Care Scholarship Detail: Assist low-income Kent families with child care costs Project Name: Contract Effective Date: 1/1/2007 Termination Date: 12/31/2008 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Katherin Johnson Department: Human Services Abstract: SPubhc\RecordsManagement\Forms\Contractcover\ADCL7832 07/02 K E N T W h 5 H 1 N G T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and Child Care Resources THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Child Care Resources organized under the laws of the State of Washington, located and doing business at 1225 S Weller, Suite 300, Seattle, WA 98144 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Consultant shall provide a child care scholarship to assist low-income Kent families with child care costs. The following exhibits are attached and incorporated by this reference as if fully set forth herein: Exhibit A, Scope and Schedule of Work; Exhibit B, Billing Voucher and Service Report; Exhibit C, Kent First and Final Outcome Report; Exhibit D, Demographic Report; Exhibit E, Insurance Cetertificate; and Exhibit F,Debarment Certification Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The term of this Agreement shall run from January 1, 2007, through December 31, 2008. However, due to the delay in execution of this Agreement,the parties agree that all actions consistent with the authority of this Agreement and prior to the date of the Agreement's execution are hereby ratified and affirmed, and the terms of this Agreement shall be deemed to have applied. The parties agree that Consultant shall complete the work described in Section I by December 31, 2008. This Agreement, however, is contingent upon the availability of funds to be allocated through the City's budget process. During the term of this Agreement should the City determine that funds to support Consultant's services are no longer available,the City shall provide Consultant seven(7) days advance written notice of summary termination. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $26,000 ($13,000 per year) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement The Consultant agrees that the hourly or flat rate charged by CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit quarterly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. CONSULTANT SERVICES AGREEMENT-2 (Over S10,000) The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit E attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3 80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signaturel Print Name: Nina Auerbach Pri Name' S zette Cooke u Its Chief Exertiva Offirar Its a or (Title) (Tall DATE: 3/19/2007 DA NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Nina Auerbach, Chief Executive Officer Katherin Johnson, Human Services Manager Child Care Resources City of Kent 1225 S. Weller, Suite 300 220 Fourth Avenue South Seattle, WA 98144 Kent, WA 98032 (206) 329-1011 (telephone) (253) 856-5070 (telephone) (206) 461-3726 (facsimile) (253) 856-5073 (facsimile) APPROVED AS TO FORM: CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) n ,, /L vm f-�� I Law D 171ment P Human Services\General Fund\General Fund 2007-2008 ContractlCCR CSA 2007-2008\ CONSULTANT SERVICES AGREEMENT-5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 19th day of March 2007 . By: rix,� a,4 For: Child Care Resources Title: Chief Executive Officer Date: 3/19/2007 EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE- January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps. 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A SCOPE AND SCHEDULE OF WORK 2007 CONSULTANT SERVICES AGREEMENT— CHILD CARE RESOURCES Child Care Vouchers This program provides child care scholarship funds to Kent families who are not eligible for or receiving any other subsidy and meet the required income guidelines. This funding will provide: outputs Unduplicated Kent clients 5 Days of Child Care 875 Membership & Participation In the South King Council of Human Services Outcome(s) Low-income parents will have increased child care choices available to them to help them meet their needs and become more self-sufficient Budget Personnel $ 2,000 Nonpersonnel (Direct Scholarship, Administrative Costs) $11,000 Total $13,000 Reporting Requirements and Timeline The agency will be reimbursed on a quarterly basis, upon submittal of appropriate documentation. Such documentation will include the following (as applicable) Billing Voucher & Service Report (Exhibit B), Outcome Based Evaluation Report (Exhibit C), and Client Demographic Data (Exhibit D) These items must be submitted on forms provided by the City by the 1& of following month for the previous quarter of service The reporting timeline is as follows Billing Voucher& Service Report(Exhibit B) 10T"day following each quarter Final Billing Voucher(4`h Qtr Exhibit B) December 14, 2007 Outcome Based Evaluation Report(Exhibit C) July 31, 20071January 31,2008 Client Demographic Data (Exhibit D) January 31, 2008 Contract Administration The Consultant will notify the City, in writing, within (10) days of any changes in program personnel or board membership The Consultant shall provide the City with a current list of its board of directors, general or limited partners, as applicable All records related to this contract must be retained for three years plus the current year. EXHIBIT A SCOPE OF WORK (CONTINUED) 2007 CONSULTANT SERVICES AGREEMENT— CHILD CARE RESOURCES Child Care Vouchers Pursuant to Item 1 of the Consultant Services Agreement executed on January 1, 2007, Child Care Resources shall provide the approximate number of City of Kent clients with the following services: Quarter Service Unit Number of Cumulative Units Total 1st 1. Unduplicated City of Kent clients served 1 1 2 Number of child care days provided 218 218 2nd 1 Unduplicated City of Kent clients served 1 2 2. Number of child care days provided 219 437 3rd 1. Unduplicated City of Kent clients served 1 3 2. Number of child care days provided 219 656 4th 1. Unduplicated City of Kent clients served 2 5 2. Number of child care days provided 219 875 The above services shall be provided by December 31, 2007. 2007 Reimbursement: $13,000.00 Please sign to indicate acceptance of the Year 2007 Performance Measures listed above. A4-V 4 C - � 3/19/2007 Nina Auerbach,Chilq Care Resources Executive Director Date 3 .i7. o7 Katherin Johns , Hdtrfiink& man SvVices Manager Date EXHIBIT A SCOPE AND SCHEDULE OF WORK 2008 CONSULTANT SERVICES AGREEMENT— CHILD CARE RESOURCES Child Care Vouchers This program provides child care scholarship funds to Kent families who are not eligible for or receiving any other subsidy and meet the required income guidelines. This funding will provide: outputs Unduplicated Kent clients 5 Days of Child Care 875 Membership & Participation in the South King Council of Human Services Outcome(s) Low-income parents will have increased child care choices available to them to help them meet their needs and become more self-sufficient. Budget Personnel $ 2,000 Nonpersonnel (Direct Scholarship, Administrative Costs) $11,000 Total $13,000 Reportina Requirements and Timeline The agency will be reimbursed on a quarterly basis, upon submittal of appropriate documentation Such documentation will include the following (as applicable) Billing Voucher & Service Report (Exhibit B), Outcome Based Evaluation Report (Exhibit C), and Client Demographic Data (Exhibit D) These items must be submitted on forms provided by the City by the 10th of following month for the previous quarter of service The reporting timeline is as follows. Billing Voucher& Service Report(Exhibit B) 10T" day following each quarter Final Billing Voucher(4'h Qtr Exhibit B) December 15, 2008 Outcome Based Evaluation Report (Exhibit C) July 31,2008/January 30, 2009 Client Demographic Data (Exhibit D) January 30, 2009 Contract Administration The Consultant will notify the City, in writing, within (10) days of any changes in program personnel or board membership The Consultant shall provide the City with a current list of its board of directors, general or limited partners, as applicable All records related to this contract must be retained for three years plus the current year EXHIBIT A SCOPE OF WORK (CONTINUED) 2008 CONSULTANT SERVICES AGREEMENT— CHILD CARE RESOURCES Child Care Vouchers Pursuant to Item 1 of the Consultant Services Agreement executed on January 1, 2007, Child Care Resources shall provide the approximate number of City of Kent clients with the following services: Quarter Service Unit Number of Cumulative Units Total 1st 1 Unduplicated City of Kent clients served 1 1 2 Number of child care days provided 218 218 2nd 1 Unduplicated City of Kent clients served 1 2 2 Number of child care days provided 219 437 3`d 1. Unduplicated City of Kent clients served 1 3 2 Number of child care days provided 219 656 4th 1. Unduplicated City of Kent clients served 2 5 2. Number of child care days provided 219 875 The above services shall be provided by December 31, 2008. 2008 Reimbursement: $13,000.00 Please sign to indicate acceptance of the Year 2008 Performance Measures listed above "`'w a-e�' 4-e'L— 3/19/2007 Nina Auerbach, Child Care Resources Executive Director Date 3 KathenrTJohrlscrn, Ho sing Hum Services Manager Date Exhibit B General Fund NZ �IKENT 2007 Billing Voucher WASHINOTON and Service Report PARKS, RECREATION S COMMUNITY SERVICES To:Merina Hansom Agency: Child Care Resources Housing & Human Services Parks,Recreation & Community Services program Contact: Deeann Burtch Puffert 220 4 Ave. South, Kent, WA 98032 Telephone: 206.329.1011 X220 mhanson(a_ci kent wa.us E-mail: puffert@childcare.org Phone: 253 856-5077 Reporting Period Program Amount Requested Child Care Vouchers Is BUDGET SUMMARY -A FOR, USE ONLY Total Contract Amount $ 13,000.00 VENDDR NUMBER#3461 2 -: Current Request $ ACCOUNT CODE 1000-6370-64150.4860 Amount Remaining $ 2006 KENT FUNDED SERVICE UNITS Note: Unduplicated client counts must be reported both quarterly and year-to-date New City of Total Kent Total Service Service Unit Description Service Units Planned Kent Funded Funded Units to Date Each Quarter Service Units Service Units (ALL Funding This Quarter To Date Sources Service Unit/Performance Measure 15 2" 3 ro 4 th Unduplicated # of Kent clients served 1 1 1 2 Days of child care provided 218 219 219 219 `Please attach a narrative explanation to this report in the event that the program is not meeting performance measures. 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X = E 2 CL m GO CDB r o / 0 § �_ \ ƒ 2 Z % m � > C O C: om0 (D C O / cam \ ■ � � � C4 m « X co Agency Pro ram KENT Exhibit D s WASHINGTON 2007 Demographic Report Date PARKS, RECREATION S COMMUNITY SERVICES Unduplicated Number of Clients Served" Agency/Program Unduplicated New Individuals this Year Client Residence*" ' Algona Auburn Black Diamond Burien Covington Des Moines Enumclaw Federal Way Kent Maple Valle Milton Normandy Park Pacific Renton SeaTac Seattle Tukwila Unincorporated King Count Unknown TOTAL Household Income Level 30% of Median or Below 50% of Median or Below 80% of Median or Below Above 80%of Median Unknown TOTAL Gender Male Female TOTAL A e _ —__- 0-4 years 5- 12 years 13- 17 years 18-34 years 35-54 years 55-74 years 75+years Unknown TOTAL Ethnicity — - Asian/Pacific Islander Black/Afncan American Hispanic/Latino(a) Native American/Alaskan Native White/Caucasian Other Unknown TOTAL Female Headed Household Disabling Condition Limited English Speaking "Unduplicated means count each client only once per calendar year "List of all clients served in client residence category and Kent clients only in rest of the categories 40 Agency KEN• T Exhibit D Program WASHINGTON 2O08 Demographic Report Date PARKS, RECREATION S COMMUNITY SERVICES Unduplicated Number of Clients Served' Agency/Program Unduplicated New Individuals this Year Client Residence** - Algona Auburn Black Diamond Burien Covington Des Moines Enumclaw Federal Way Kent Maple Valle Milton Normandy Park Pacific Renton SeaTac Seattle Tukwila Unincorporated King Count Unknown TOTAL Household Income Level 30% of Median or Below 50% of Median or Below 80%of Median or Below Above 80%of Median Unknown TOTAL Gender Male Female TOTAL Age - 0-4 years 5- 12 years 13- 17 years 18 - 34 years 35 - 54 years 55 -74 years 75+years Unknown TOTAL Ethnic) -- - Asian/Pacific Islander Black/African American Hispanic/Latino(a) Native American/Alaskan Native White/Caucasian Other Unknown TOTAL Female Headed Household Disabling Condition Limited English Speaking "Unduplicated means count each client only once per calendar year "List of all clients served in client residence category and Kent clients only in rest of the categories ATTACHMENT E INSURANCE REQUIREMENTS FOR CONSULTANT AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liabilitv insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit. 2. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT E (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. A C ORD. CERTIFICATE OF LIABILITY INSURANCE 3/13/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Erven, Suddock & Bong, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3920 15th Place W. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle, WA 98119 206-285-9415 INSURERS AFFORDING COVERAGE 1 NAIC# NSUREDINSURER A, Child Care Resources IlIq 1225 S. Weller, Suits 300 INSURER C Seattle, WA 98144 INSURER 0 206-329-1011 r---_-_— COVERAGES THE POUCIES OF INSURANCE LL$1 ED VELOW HAVE BEEN ISSUED TO THE INSUREDNA11ED ABOVE FOR THE POLICY PER'00 INDICATED mOTvAtHSTA.NDtNG A'4l %Ef_LAPEMENT TFRfA OR CONZ:�-�ON OF ANY CCNTRACT OR OTHER DO"NIENT VATH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR Nwr PERTAIN THE tNSURANCIE AFFORDED BY THE POLICIES DEV,'R 6c0 HER'IN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POU-1ESAr GRE GATE CEDiYPA.11 P(A3CY NUMBER C' E";, DAI LIMITS TYF'rOFjN5LWNrr f rv�'7;y'?" UU Uu1i GENERAL LIABIUT�, EACH 1' ,V _X 0 IA CCMNIERC .GENER�J LIABILITY _PRE c � SET I CWNISWaDE OCCUR 5 AIX PHPK 207723 02/01/07 02/01/08 PERSONAL&ADVINJURY 1'VVU_'V0_&1 GCNERAL ACGREGA-E —2 AGGREGATE L WIT APPLIES PEk PRMUCTS COM Li PPAGG 5 10 LCC I Pro. Liability t1mm/q2MM AUTOMOBILE LIABILITY COMBINED SINGLE LIMT S A ALL OWNEDAUTOS SOD L,IfULRY i A, X _r HAEDAUTOS PHPK 207723 02/01/07 02/01/08 SOD 0 M"Ry r $5k Med Pay PROPERTY DAMAGE GARAGE LIA60.M AU70CLw1 EA ACCIDENT 'S ANYAOF0 07 HER THAN EAACC =S AGE S AUTOO�,LY EXCEESLWBRELLA LAS,I.ITY FACH 01"URRrN'' —,r S L,UUU,Ufju I I = I. - OCCUR CLAIMS14ADE AG1*RVSATE PHUB 015985 02101/07 02/01/08 AIX C-DUCUSLe �RETEHI ION 5 10,000 WA Stop Cap 02/01/07 02/01/08 L FA-1H ACCIDENT -S A PHPK 207723 -0-0 0__V0 r'EL LAI. E L DSEASF POLICY Ljk%T 5 A Abuse/Molest. PHPK 207723 02/01/07 02/01/08 $100, 000 per person Sub-Limit $300,000 aggregate D-SCRIP7iDN OF OPEAAT"S 0 LOCATIONS I VEHICLES I 9XICLUSIONS ADDED BY ENCORSgVE N'j SOCIAL PROVISIONS It is agreed that certificate holder is included as an additional insured but only with respects to the operations of the named insured. CERTIFICATE HOLDER CANCELLATION City of Kent SHOJLDAI.i{,F THE ABOVE DESCR UtO P"� ICZ$iiE CAfICELL:0 IvE EXMRATION Planning Department GATE THEREOF THE MIANG INSURER WILL ENDEAVOR To t4A�L— DAYS ARIT'IEN 220 Fourth Ave S. NOTICE TO THE CERTIFICATE HOLDER t"EO TO THE LEFT SUT FAILURE TO DO SO SHALL: Kent. WA 98032-5896 IMPOSE NO OBLIGATION OH OAS L!'V OF AN KIND UPON 71{=_INSURER tTS AGENTS 4jA REPRESENTAMZS AJ--HCRIZED R' PR'SENTATI ACOR025(2001108) wACORD CORPORATION 1988 i I I I ' I IMPORTANT I i If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer nghts to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may I require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER 1 The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing msurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon I I i I+ I I I I I I 1 � I acoRo25l200110ei POLICY NUMBER: PHPK207723 COMMERCIAL GENERAL LIABILITY EFFECTIVE: February 01, 2007 to February 01, 2008 INSURED. Child Care Resources THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Kent The City, its officers, officials,employees and agents Planning Department 220 Fourth Ave. S Kent,WA 98032-5896 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II)is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 p KENT Exhibit F PARKS RECREATION L COMMUNITY SERVICES City of Kent Certification Regarding Debarment and Suspension Agency Name of Program(s) Certification A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief that its principals, a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency, b) Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property, c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b) of this certification, and d) Have not within a three-year period preceding this application/ proposal had one or more public transactions (Federal, State, or local) terminated for cause or default 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Instructions for Certification (A) 1 By signing and submitting this proposal, the prospective primary participant is providing the certification set out below 2 The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction The prospective participant shall submit an explanation of why it cannot provide the certification set out below The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction 3 The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government/City of Kent, the department or agency may terminate this transaction for cause of default 4 The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 5 The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549 You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations 6 The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered 1 of 3 transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction 7 The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- sion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions 8 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous A participant may decide the method and frequency by which it determines this eligibility of its principals Each participant may, but is not required to, check the Non-procurement List 9 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings 10 Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction 11 knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government/City of Kent, the department or agency may terminate this transaction for cause of default Certification B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Instructions for Certification (B) 1 By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below 2 The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government/City of Kent, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment 3 The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 4 The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations 5 The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated 2 of 3 6 The prospective lower tier participant further agrees by submitting this proposal that It will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- sion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and In all solicitations for lower tier covered transactions 7 A participant In a covered transaction may rely upon a certification of a prospective participant In a lower tier covered transaction that It is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification Is erroneous A participant may decide the method and frequency by which It determines the eligibility of Its principals Each participant may, but Is not required to, check the Nonprocurement List 8 Nothing contained in the foregoing shall be construed to require establishment of a system of records In order to render in good faith the certification required by this clause The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person In the ordinary course of business dealings 9 Except for transactions authorized under paragraph (5) of these Instructions, If a participant In a lower covered transaction knowingly enters Into a lower tier covered transaction with a person who Is suspended, debarred, Ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government/City of Kent, the department or agency with which this transaction originated may pursue available remedies Including suspension and/or debarment Primary Contractor/Sub-Contractor(Print) Title Date Nina Auerbach Chief Executive Officer 3/19/2007 Signature of Primary Contractor/Sub-Contractor Title Date Chief Executive Officer 3/19/2007 ` Adopted from HUD Form-2992 09/04 a 3of3